Former President Donald Trump objected when the FBI seized documents they claimed were “classified” and were kept at the Florida home of the Trump family. He claimed that the documents had all been declassified by him and that all of them were protected by executive privilege or attorney-client privilege.
Agents allegedly collected handwritten notes in addition to purportedly highly classified materials, according to the redacted affidavit of the search warrant.
A few of the papers were kept in storage with other things.
Trump and his legal team then filed a motion asserting that his Fourth Amendment rights had been infringed as a result of this.
Trump’s attorneys submitted a second motion on Friday to appoint a special master to examine the information that had been seized.
The redacted affidavit, according to his counsel, ‘provides almost no information that would allow Movant to understand why the raid took place, or what was taken from his home,’ which enhanced the case for a special master.
It was discovered that Director of National Intelligence Avril Haines informed Congress that the American intelligence community would conduct a damage assessment of the allegedly classified material held at Trump’s home, despite the Biden administration’s claim that it was unaware of the FBI raid on the Trump residence.
The Biden administration will be involved in analyzing the records, according to a letter sent to Rep. Adam Schiff, chairman of the House Intelligence Committee, and Reps. Carolyn Maloney, chairwoman of the House Oversight Committee.
According to a letter dated Friday, Haines informed the two panel chairs that her office will review the “possible danger to national security that might emerge from the disclosure of the relevant papers.”
The unsealed affidavit ‘affirms our severe worry that among the papers housed at Mar-a-Lago were ones that potentially threaten human sources,’ according to the two committee chairs. It is essential that the [Intelligence Community] act quickly to assess the harm done and, if necessary, to mitigate it; this process should go on concurrently with the DOJ’s criminal probe.
By tweeting that Trump’s “reckless handling of our country’s most secret information placed our national security at grave peril and brazenly violated the Presidential Records Act,” Maloney increased the demand for a probe.
It’made such an examination ‘even more urgent,’ she claimed.
‘The redacted affidavit makes clear Trump kept highly-classified national defense information at a public resort. If that wasn’t alarming enough, some wasn’t even in folders, merely intermixed with news clips and other debris. The IC must do an immediate damage assessment.’ Schiff wrote in a tweet on Friday.
This move by the government serves to emphasize the necessity of the special master that Trump had asked for.
Judge Eileen Cannon of the U.S. District Court declared that she had the “preliminary intent” to approve Trump’s request to have a special master review materials.
The judge selected by Trump, who will be confirmed in 2020, pushed Trump’s attorneys last week to elaborate on their justification for requesting a special master and asked them to provide evidence of the “exact relief requested.”
In response, Trump’s team stated that it desired independent judgments regarding ‘privileged and potentially privileged materials.’
It is occasionally necessary to select a third party to sort through records that could be shielded by the attorney-client privilege.
More on this story via The Republic Brief:
Some legal observers were surprised by Judge Cannon tipping her inclination even before hearing opposing arguments from the government.
It also is not clear that DOJ has yet been formally served in the case.
Judge Cannon set a hearing for Sept. 1, but said her order was not a ‘final determination.’
She also told DOJ, the defendant, in this case, to provide a ‘more detailed report’ of ‘all property seized’ pursuant to the search warrant. CONTINUE READING…